Our team keeps you informed of developments in patents, trade marks, designs, ecommerce and biotech. If you'd like to be notified when we add new publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
- 24 June 2010
Audio: Whiskas purple trade mark allowedMars Australia has recently secured trade mark protection for a particular shade of purple, which it refers to as 'Whiskas Purple', for cat food. Partner Tim Golder talks to Boardroom Radio about the case and the difficulties and consequences of obtaining trade mark protection of colours
- 13 April 2010
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments regarding intellectual property - including passing off, confidential information, patents, trade marks and copyright
- 18 December 2009
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting trade marks, copyright, patents and sponsorship/marketing
- 28 October 2009
Focus: Use of another's trade mark in search engine marketingWhile a recent opinion of the Advocate General to the European Court of Justice indicates that use of another's trade mark as a keyword in search engine marketing will not, of itself, constitute trade mark infringement in Europe, the position in Australia remains unsettled. Lawyer Nicholas Tobias reports on the aggressive and defensive uses of search engine marketing that can promote or protect a business's reputation
- 22 July 2009
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting copyright, patents and trade marks. Articles include 'Bavaria NV wins beer appeal', 'Utility requirements for Australian patents', and discussion of the interlocutory injunction in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth and the software copyright appeal decision in Software AG (Australia) Pty Ltd v Racing and Wagering WA
- 14 July 2009
Focus: Full Court united on grace period for divisional patentsPatentees can breathe a sigh of relief now that the Full Court of the Federal Court of Australia has unanimously overturned a controversial decision of a single judge of the Federal Court. Partner Chris Bird and Senior Associate Linda Govenlock report on the appeal decision, in which the Full Court affirmed that a divisional application may be saved by the grace provisions afforded by section 24(1) of the Patents Act 1990, provided that the parent application from which it was divided was a complete application filed within the 12-month grace period
- 28 January 2009
Focus: Trade MarksThe Full Federal Court of Australia recently allowed an appeal by a US-based beverage company against an Australian competitor in a case that looked at the test that is to be applied when determining whether sufficient product recognition has been established in a relevant jurisdiction through indirect marketing. Partner Jim Dwyer and Law Graduate Joanne Been look at this important decision on brand reputation in Australia
- 19 December 2008
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting copyright, patents, trade marks, designs and personal property. We also include important Christmas/New Year closure dates for IP registration services in Australia, New Zealand, Hong Kong and mainland China.
- 18 November 2008
Focus: Patents, Design and Trade MarksFor the first time, the High Court has considered the operation of section 117 of the Patents Act 1990 (Cth), which imposes liability in certain circumstances for contributory infringement of a patent. Senior Associate Rob Silberstein and Law Graduate Nicholas Tobias examine the decision and its likely impact
- 11 November 2008
Focus: Patent and DesignsWe look at three court decisions that provide some judicial guidance on three important patent and design issues
- 07 October 2008
Focus: Trade MarksA recent Australian Trade Marks Office decision found that the evidence did not demonstrate use as a trade mark of the shape of a four-bar chocolate and consequently, registration for that shape was refused. Partner Andrew Butler and Senior Associate Garen Holopikian review the case
- 07 May 2008
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
- 05 February 2008
Focus: Trade MarksThis case concerned two retailing interests using the same word mark in respect of overlapping goods and where one of the two retailing interests, which had obtained registration of the mark, commenced proceedings against the other for trade mark infringement.
- 18 December 2007
Focus: Patents, Designs and Trade MarksWe look at the abolition of the duty of disclosure for patent applicants; the Sportsgirl trade mark case; the dangers of choosing marks of a general character; changes to the trade mark renewal grace period; and practice changes with regard to letters of consent in cases of conflicting marks
- 12 December 2007
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
- 05 November 2007
Focus: PharmaceuticalsPartner Annette Hughes and Senior Associate Rachel Nicolson provide an overview of the UN's draft Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines, released for public consultation in September 2007
- 24 October 2007
Focus: Trade MarksIn the recent case of Brother Industries Ltd v Dynamic Supplies Pty Ltd, the Federal Court of Australia considered an unusual set of facts and held that the importation and sale of non-branded products, manufactured by the trade mark owner but imported and sold in counterfeit packaging, constituted trade mark infringement, misleading and deceptive conduct in breach of the Trade Practices Act 1974 (Cth) and passing off
- 23 October 2007
Client Update: PatentsChanges to the duty of disclosure obligations for applicants and patentees of Australian patents have now been implemented. The requirement to inform the Australian Patent Office of the result of prior art searches conducted by overseas patent offices has now been substantially abolished. Partner Chris Bird and Patent Attorney Anthony Selleck report
- 13 September 2007
Focus: PharmaceuticalsIn the final instalment of our three-part series examining the amendments to the Pharmaceutical Benefits Scheme, Senior Associate Ric Morgan addresses the price disclosure obligations and how the information will be used to further reduce the price of pharmaceutical benefits to government
- 11 September 2007
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright and designs
- 07 September 2007
Focus: PharmaceuticalsIn Part 2 of our Focus: Pharmaceuticals series examining amendments to the Pharmaceutical Benefits Scheme, Senior Associate Ric Morgan examines the way the statutory price cuts operate and details the supply guarantee requirements
- 05 September 2007
Focus: HealthWe look at a case of anti-competitive conduct by doctors; the first set of standards issued by the Queensland Health Quality and Complaints Commission; and a question of discrimination in the provision of medical services
- 30 August 2007
Focus: PharmaceuticalsThe Commonwealth Parliament has passed legislation to amend the Pharmaceutical Benefits Scheme. In the first of a three-part series, Senior Associate Ric Morgan provides an overview of the changes and examines the new concepts introduced by the amendments
- 20 August 2007
Focus: Patents, Designs and Trade MarksIn this issue we look at proposed changes to the duty of disclosure; the design registrability of fonts; a patent infringement validity decision; trade mark examination for short marks; changes to the process for filing divisional trade mark applications; and linking of single class trade mark registrations
- 13 July 2007
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments relating to patents, trade marks, copyright and designs
- 05 June 2007
Focus: HealthWe report on the duty owed by employers where workers are exposed to traumatic events; the right to access one's own health information; the meaning of 'exceptional circumstances' when applying the 80/20 rule; the extent of the duty to warn patients pre-surgery; and when a surgical procedure amounts to battery
- 04 May 2007
Focus: CopyrightFollowing the decision of Australia's High Court in Burge v Swarbrick last week, businesses may now be better placed to assess how to manage design rights and copyright in products that may be mass-produced. Lawyer Marina Lloyd Jones looks at the impact of the decision
- 30 April 2007
Focus: HealthIn late March 2007, the Department of Health and Aging released an exposure draft of the Therapeutic Products Bill 2007 (Cth). This is the first in a series of new laws that will significantly change the way therapeutic products are regulated in Australia and New Zealand by setting up a joint trans-Tasman scheme. Lawyer Przemek Kucharski summarises key aspects of the Scheme and the Bill
- 27 April 2007
Focus: Patents, Designs and Trade MarksTwo significant changes to the schedule of patent fees; new trade mark, patent and design provisions now in force; and a look at upcoming conferences and events
- 29 March 2007
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting trade marks, trade practices, copyright and technology
- 28 February 2007
Focus: HealthIn this issue we examine the role of the Professional Services Review; final and binding determinations made under the Medical Practice Act 1994 (Vic); recent amendments to stem cell legislation; and the treatment of a child without parental consent
- 09 January 2007
Client Update: Patents, Designs and Trade MarksIn December 2006, IP Australia (the Federal Government body that administrates patent, trade mark, design and plant breeder's rights) announced a comprehensive review of its official fees. This is first major overhaul of fees for some time and is related to a general cost recovery policy being implemented by the Government
- 19 December 2006
Focus: Patents, Design and Trade MarksPartner Chris Bird provides an update on progress in legislative reform of the Australian Patents Act 1990 (Cth) concerning exemptions to infringement of a patent for experimental use and crown use
- 15 December 2006
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, trade practices, copyright and technology
- 29 November 2006
Focus: HealthIn this issue we look at the issue of witness immunity; a duty of care case; medical record ownership; and new or amended legislation
- 20 September 2006
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
- 18 September 2006
Focus: Trade MarksThe recent Full Federal Court appeal decision in Woolworths Limited v BP plc provides insight into the registration of colour trade marks based on acquired distinctiveness. Partner Andrew Butler and Articled Clerk Rosie Hooper report
- 06 September 2006
Focus: Patents & Trade MarksAAR Patent & Trade Marks Attorneys Partner Chris Bird reports on the potential impact of the Full Federal Court's decision in Grant on patent law in Australia and draws comparisons with the corresponding regimes in Europe and the United States
- 31 August 2006
Focus: HealthIn this issue we look at changes to the Queensland health system, the Community Services Obligation funding pool for pharmaceutical wholesalers and distributors, and a case concerning a parental dispute over the appropriate disposal of their deceased daughter
- 31 August 2006
Focus: Intellectual PropertyThe Intellectual Property Laws Amendment Bill 2006 proposes amendments that, if passed, will significantly widen the circumstances in which 'springboarding' by generic pharmaceutical companies is permitted under the Patents Act 1990 (Cth). Partner Sarah Matheson and Lawyer Emma Stacey report on the proposed expansion of the springboarding provisions in the Patents Act 1990 (Cth)
- 31 July 2006
Focus: PatentsA recent Full Federal Court decision has clarified the issue of what kinds of business methods can be patented. Patent Attorney Anthony Selleck reviews the decision
- 27 June 2006
Focus: Patents, Design and Trade MarksWelcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on patent, design and trade mark-related matters
- 21 June 2006
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
- 31 May 2006
Focus: HealthWe look at the High Court's decision on 'wrongful life', access issues to information for assisted reproductive technology recipients and the UK Lillywhite case
- 13 April 2006
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, passing off, copyright and domain names
- 07 April 2006
Focus: Intellectual PropertyThe Intellectual Property Laws Amendment Bill 2006 was introduced into the House of Representatives on 30 March 2006. If enacted, the Bill will amend the Patents Act 1990, the Trade Marks Act 1995, the Designs Act 2003, the Plant Breeder's Rights Act 1994 and the Olympic Insignia Protection Act 1987. Senior Associate Jonathan Gottschall, Patent Attorney Anthony Selleck and Trade Marks Attorney Peter Ryan report on the major amendments made by the Bill
- 02 March 2006
Focus: HealthWe look at whether PPPs could help alleviate the infrastructure crisis in Queensland Health; the recommendations of the Lockhart Review on embryo research legislation; the court assessing a doctor's standard of care in relation to the Trade Practices Act; and an update on the AB v Attorney-General of the State of Victoria case
- 15 December 2005
Focus: Patents, Designs and Trade MarksWelcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' end-of-year round-up of news, notices and features on patent, design and trade mark-related matters
- 23 November 2005
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks and copyright
- 08 September 2005
Focus: Patents, Designs and Trade MarksWelcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on patent, design and trade mark-related matters
- 13 July 2005
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, domain names, copyright and designs
- 17 June 2005
Focus: Copyright & Trade MarksThe Full Federal Court has issued the latest statement on the assessment of 'reproduction' of a 'substantial part' of a television broadcast by another television network. Partner Tim Golder and Lawyer Andrew Fuller report.
- 05 May 2005
Focus: Trade MarksThe Federal Court has ruled that foreign-based websites must specifically target or be directed at Australian customers before the court will find liability or grant relief for claims of trade mark infringement or passing off. Partner Philip Kerr and Senior Associate John Butt report
- 13 April 2005
Focus: Patents, Designs and Trade MarksWelcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on patent, design and trade mark-related matters
- 22 December 2004
Focus: Patents, Designs and Trade MarksWelcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' end-of-year round-up of news, notices and features on all patent, design and trade mark-related matters
- 18 November 2004
Focus: Trade MarksA recent case confirms that colours or colour combinations can be valid trade marks, although applications are more likely to succeed if they can be connected to a distinctive shape of goods. Trade Marks Attorney Kimberley Trainor reports
- 06 October 2004
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the Australia-US Free Trade Agreement and its impact on Australian legislation regarding patents, therapeutic goods, copyright and geographical indications. We also review two recent trade mark cases.
- 23 June 2004
Focus: Patents, Designs and Trade MarksWelcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' mid-year round-up of news, notices and features on all patent, design and trade mark-related matters
- 19 April 2004
Focus: Madrid ProtocolPhilip Macken, Partner of Allens Arthur Robinson Patent & Trade Marks Attorneys, outlines some recent developments in the Madrid Protocol and Community Trade Mark registration process that will make it easier and cheaper to obtain trade mark protection in international markets
- 06 April 2004
Focus: Free Trade AgreementPartner Richard Hamer and Law Clerk Tom Reid examine the potential changes the Australia-United States Free Trade Agreement will have on the pharmaceutical industry
- 25 March 2004
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on how the Australia-US Free Trade Agreement will impact on intellectual property. We also review the latest cases and legislative developments affecting patents, designs, trade marks, domain names, copyright, and practice and procedure
- 22 March 2004
Focus: Patents, Designs and Trade MarksWelcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on all patent, design and trade mark-related matters.
- 13 February 2004
Focus: Free Trade AgreementThe recently announced agreed text of the Free Trade Agreement between the United States and Australia has major implications for the sectors of the Australian economy and society that focus on intellectual property, telecommunications, media, entertainment and electronic commerce. Partner Paul Zawa and Senior Associates Raani Costelloe, John Dieckmann and Rachel Nemes report.
- 17 December 2003
Focus: Patents, Designs and Trade MarksWelcome to this end-of-year edition of our round-up of news, notices and features on all matters patent, design and trade mark-related
- 02 September 2003
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys review the latest cases and legislative developments affecting patents, copyright, IP protection, trade marks, the Internet and designs
- 28 August 2003
Focus: Patents, Designs and Trade MarksAAR's occasional round-up of news, notices and features on all matters patent, design and trade mark-related
- 19 August 2003
Pharmaceutical law updateWelcome to our pharmaceutical law update - this page gives you a summary of the latest significant amendments to the CommonwealthTherapeutic Goods Act 1989 and the Therapeutic Goods Regulations 1990
- 03 April 2003
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the commencement of the Parallel Importation provisions of the recently passed Copyright Amendment (Parallel Importation) Bill. We also review the latest cases and legislative developments affecting patents, trade marks, designs, copyright, the Internet, domain names and stamp duty
- 10 February 2003
Focus: Patents & Trade MarksThe system that provides for the extension of term of pharmaceutical patents in Australia is currently being reviewed by the Federal Government. Senior Associate Shyama Jayaswal - a patent attorney and lawyer with a technical background in organic chemistry - looks at the issue and its possible ramifications
- 23 December 2002
Focus: Patents & Trade MarksThe High Court of Australia has just ruled that the Federal Court had asked the wrong questions on the issue of 'obviousness' in relation to patents revocations. The High Court found that if the right question was asked, the invention was not obvious. Partner Michael Dowling and Lawyer Cynthia Cochrane look at this important decision
- 20 December 2002
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys review the latest cases and legislative developments affecting patents, trade marks, designs, copyright, food labelling, anti-piracy, the Internet and legal professional privilege
- 03 December 2002
How to budget for patents and how to keep the costs downThis paper was the topic of the third seminar in AAR's monthly 'How to...' Intellectual Property seminar series. Chris Bird, Special Counsel at Allens Arthur Robinson Patent & Trade Marks Attorneys, outlines the timetable for a patent filing program, explains what costs you face at the major decision points, and spells out the options available to ensure you're getting the most cost-effective protection
- 13 November 2002
Focus: Patent & Trade MarksPartner Philip Macken examines the serious potential traps of the Madrid Protocol for overseas trade mark owners who do not specify an Australian address for service
- 06 November 2002
Paper: The four pillars of anti-piracyPartner Tim Golder and Lawyer Ben Arnall summarise the legal and practical steps to protect your brand from piracy. This paper was the topic of the second seminar in AAR's monthly 'How to...' Intellectual Property seminar series
- 01 October 2002
How to protect your intellectual propertyThis paper was the topic of the first seminar in AAR's monthly 'How to...' Intellectual Property seminar series. Senior Associate Jeff Bergmann summarises the essentials of a good internal IP policy in five steps, while Special Counsel Dr Carolyn Rolls details an effective IP Capture Review
- 06 September 2002
Focus: Intellectual PropertyA recent decision by the Full Federal Court to allow the registration of a three-dimensional, bug-shaped confectionery item has significant implications for existing and future shape trade mark applications in Australia
- 02 September 2002
Focus: PatentsThe Australian Government is examining the issue of patents for business system inventions, with a view to possible legislative reform. Chris Bird looks at the arguments for and against allowing patenting of business systems
- 29 August 2002
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys review the latest cases and legislative developments affecting copyright, patents, passing off, the Internet and trade marks
- 25 May 2002
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys review the latest cases and legislative developments affecting patents, copyright, trade marks and the Internet
- 22 April 2002
Focus: Trade marksAllens Arthur Robinson Patents and Trade Marks Attorneys recently acted on behalf of Challenge Cancer Support Network Inc in a successful trade mark opposition that steps well outside the usual run of cases. Partner Colin Oberin and Special Counsel Carolyn Rolls go bear-hunting
- 16 April 2002
Focus: PatentsThe Australian patent system has undergone major changes this month with the Patents Amendment Act 2001 and Patents Amendments Regulations 2002 coming into force on April 1. In particular, there are two elements of the new legislation which will have an immediate impact on your patent strategy and practice: the Duty of Disclosure and the Grace Period.
- 15 April 2002
Focus: Trade marksThe Advisory Council on Intellectual Property (ACIP) has issued its 'Review of Enforcement of Trade Marks'. However, Garen Holopikian and Colin Oberin review the document and find it deals with much more than its title implies
- 29 January 2002
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys bring you a roundup of the latest cases and legislative developments affecting patents, copyright, trade marks and the Internet
- 15 June 2001
IP & IT BulletinThis roundup looks at a landmark ruling on IT-based business models and protecting your patent in the US, discusses the best time to file for a patent, and more
- 15 May 2001
Update on Patents and TechnologyRobert Cooper looks at the Federal Court's landmark decision on patent protection of Smartcard business method technology
- 17 March 2001
IP & IT BulletinThis roundup discusses new laws on petty patents, looks at websites that use trade marks in a misleading way, and more
- 17 March 2001
Last post for petty patentsThe Patents Amendment (Innovation Patents) Act 2000 (Cth) which comes into effect on 24 May 2001 will replace the petty patent system with new innovation patents
- 04 March 2001
Focus: Intellectual PropertyGiven the current confusion over business method patents you could be forgiven for believing the headline above. But it's unlikely such a patent would be granted under current Australian law
- 18 December 2000
IP & IT BulletinIn this update, we look at ambush marketing during the Olympic games, discuss the Madrid Protocol and more
- 15 December 2000
Article: Hidden secretsAre your trade marks being infringed on the Internet? Is your web page a law suit waiting to happen? We examine the issues
- 15 August 2000
IP & IT BulletinWe examine how you can protect the shape of your products; legislative changes in five areas that affect intellectual property rights; a recent case in which Nike sought expungement of two trade mark registrations for the word 'Nike' belong to Campomar Sociedad Limitada; and more
- 07 August 2000
The Patent Law TreatyWe take a look at the Patent Law Treaty which was ratified on 2 June 2000 following a meeting of member states of the World Intellectual Property Organisation in Geneva
- 15 June 2000
IP & IT BulletinWe examine ICANN's response to the cybersquatting problem; the risk that your new logo, registered as an Australian trade mark, could infringe copyright in another person's logo; how a trade mark that's similar to another company's can be a problem, even if you're not in the same business; and what the Taxol case means for patents for methods of treating humans
- 04 March 2000
Testing e-commerce patents in AustraliaCorresponding Australian patent applications for the Amazon.com and Priceline.com systems are pending. Even if Australian patents are not ultimately granted, the US patents may allow their owners to take action against Australian traders taking orders from US residents via the Internet
- 01 March 2000
IP & IT BulletinIn this issue we look at new moral rights for authors; new rules expanding legitimate software copying; the risk that e-commerce solutions infringe existing patents and the need to protect genuinely new solutions; and the dangers of transferring trade marks to prevent parallel importation
- 15 October 1999
IP & IT BulletinWe consider the Woolworths trade marks case; whether the licensing of intellectual property is anti competitive; a compulsory scheme regulating the release of genetically modified organisms; how you should claim protection for any Y2K statements; and how to avoid invalidating a valuable trade mark when it's sold
- 15 July 1999
IP & IT BulletinIn this issue, we examine changes to the Copyright Act covering broadcasts; ambush marketing of sports stars in the run up to the Olympics; extensions of the term of pharmaceutical patents; and brand protection through the seizure of fakes
- 15 March 1999
IP & IT BulletinIn this edition, we look at claim Made in Australia; a case where Coogi claimed copyright in the stitch structure of its fabrics as a work of artistic craftsmanship; an Act designed to encourage the disclosure and exchange of information about Year 2000 problems; and the equitable distribution of the benefits of exploiting biodiversity
